Terrorist Asset-Freezing etc. Act 2010

Terrorist Asset-Freezing etc. Act 2010

2010 CHAPTER 38

Commentary on Sections and Schedules

Part 1 – Terrorist Asset-Freezing

Chapter 4 – Supplementary Provisions

Miscellaneous

Section 45 - Consequential amendments, repeals and revocations

95. Section 45 introduces Part 1 of Schedule 1 which contains amendments consequential on Part 1 of the Act. Paragraphs 1 to 4 make consequential changes to the Rules of the Court of Judicature (Northern Ireland) 1980 to apply Order 116B of those Rules to applications made under section 27(2) to set aside Treasury decisions. Paragraph 5 makes similar consequential changes to Part 79 of the Civil Procedure Rules to apply Part 79 to applications made under section 27(2). The three Regulations referred to in paragraphs 6-8 of Part 1 of Schedule 1 each refer to offences under the 2009 Order. These consequential amendments replace references to offences under the 2009 Order with references to the equivalent offences under Part 1 of this Act.

96. Section 45 also introduces Part 1 of Schedule 2 which contains repeals and revocations consequential on Part 1 of this Act. The repeals include the repeal of the 2001 Order, the 2006 Order and the 2009 Order, and the repeal of ancillary provisions in other Orders and Regulations. The Temporary Provisions Act is also repealed (although section 54(2) provides that certain provisions which have effect as part of the law of Guernsey, Jersey, the Isle of Man and the overseas territories shall remain in force until 31 March 2011).

97. Section 46 – Transitional provisions and savings.

98. Subsection (1) provides that the Temporary Provisions Act no longer has effect when Part 1 of this Act comes into force. Section 2 of that Act provided that certain acts or omissions by persons other than the Treasury in the period 4 February 2010 to 10 February 2010 are to be treated as lawful. Subsection (2) makes clear that even when section 2 of that Act ceases to have effect such acts or omissions will continue to be treated as lawful. Subsection (3) ensures that subsection (2) is to be read alongside section 16(1) of the Interpretation Act 1978, which provides that the repeal of an Act does not affect the operation of the Act while it was in force. Section 1 of the Temporary Provisions Act deems certain Orders validly made under section 1 of the United Nations Act 1946 and decisions made under those Orders to have effect. Subsection (4) applies section 16 of the Interpretation Act to those Orders so that notwithstanding the repeal of section 1 of the Temporary Provisions Act, decisions under the Orders will continue to have had effect while section 1 was in force. Subsection (5) provides that after the coming into force of Part 1 of the Act, any act or omission by the Treasury under the 2009 Order will be deemed to be an act or omission under the corresponding provision in the Act. Subsection (6) makes it clear that subsection (5) includes any directions made, licences granted or requests for information made under the 2009 Order which remain in force immediately before Part 1 of the Act comes into force. Subsection (7) states that the deeming provisions in subsections (5) and (6) have effect notwithstanding that the 2009 Order was not validly made under the United Nations Act 1946. Subsection (8) provides that any such ‘deemed’ designation ceases to have effect three months after Part 1 of the Act comes into force unless renewed or revoked before then. Subsection (9) provides that the references in the Regulations in Part 1 of Schedule 1 to sections 11, 12, 13, 14, 15 or 18 of Part 1 of this Act are to be read as including references to the corresponding provisions under the 2006 Order and the 2009 Order for the period the Temporary Provisions Act was in force. Subsection (10) provides that the repeal of section 64(1)(e) of the Counter-Terrorism Act 2008 does not affect any proceedings commenced before this Part of the Act comes into force.

99. Section 47 – Power to repeal Part.

100. This section provides that the Treasury must lay before Parliament a statutory instrument to repeal part or all of Part 1 of the Act (as appropriate) if the UN Security Council takes any decision that has the effect of terminating (permanently and without replacement), in whole or in part, the operation of the relevant Security Council Resolutions that require the maintenance of an asset-freezing regime.